Jacob Bell
New Member
An illegal medical marijuana dispensary is still operating in East Palo Alto -- and city officials know about it -- even though the city council banned pot clubs in July.
Calling the situation "frustrating," East Palo Alto Police Chief Ron Davis confirmed that the Peninsula Care Givers Collective has been doing business for several months at 1927 Pulgas Ave.. He said the city is handling the problem as a civil matter, not a criminal case.
"They're entitled to due process," Davis said. "The violation is operating without a permit; it's the same as we'd do with an illegal garage conversion or building violation."
The police department has sent undercover officers to the establishment to buy cannabis, but the transactions complied with California's medical marijuana laws, Davis said.
Under Proposition 215, approved by voters in 1996, medical marijuana can be legally used and grown with a recommendation from a licensed physician. A companion law passed in 2004 allows patients and caregivers to share medical marijuana with other patients under the auspices of a membership "collective" or "cooperative."
Willie Beasley, who owns Peninsula Care Givers Collective, has made no secret of the fact his club is up and running, even telling council members as much when they denied him a permit in June. A month later the council banned medical marijuana facilities altogether.
Peninsula Care Givers operates inside a two-story house with a wheelchair ramp leading to its entrance. In front of the house stands a neon sign that says "open" and displays business hours. The entrance door is locked and no loitering is allowed outside, Beasley said. Patients who ring a door bell are brought into a freshly-painted, art-decorated lobby that features leather couches and an ATM.
Beasley said the medical marijuana comes from collective members and is distributed from a glass case inside a locked room. A sign advertises different varieties of marijuana with such names as "Sour Haze," "Purple Gorilla" and "Hindu Kush," along with edible marijuana products. Suggested donation amounts written on a board start at $25 for one-sixteenth of an ounce.
According to Beasley, the collective provides marijuana to about 30 patients a day.
Beasley said his lawyer has received a "cease and desist" letter from the city, but he has no plans to do so.
"I've explained to them that we're here under (Proposition) 215, under California law, and that we're not selling marijuana, we're only taking donations from members," he said.
Davis said although there is no evidence that the collective is "selling drugs to just anybody," it refused a request for his officers to inspect the facility so he doesn't know for sure that state law is being followed. But without probable cause, he can't obtain a search warrant.
The chief said he has sought advice on the city's options from the San Mateo County District Attorney's Office as well as the U.S. Attorney's office. The response from both offices gave him little ammunition.
"Mostly, it would have to be a criminal sanction. More about people using it as a front to just sell weeds, that was my interpretation," he said. "It's definitely a violation of federal law, but that doesn't mean the U.S. attorney wants to prosecute this case."
Davis said there is no evidence that crime in the neighborhood has increased as a result of the dispensary's operation.
According to the city's ban, violators could be subject to civil penalties "including, but not limited to, prosecution as a misdemeanor violation," punishable by a fine of up to $1,000 or up to six months in jail, or both.
Beasley's lawyer, Scot Candell, did not respond to a request for comment on Friday. At the collective's hearing in June, Candell argued that no permit is needed for the establishment because it's located in a zone where drug stores are allowed and the state recognizes marijuana as a medicine.
City Planning Manager Brent Butler told The Daily News on Friday that the current zoning "didn't envision" a medical marijuana facility, then noted the matter is in the hands of the city attorney and police.
Davis said interim city attorney Valerie Armento is pursuing legal action against Peninsula Care Givers and may file a nuisance suit against the landlord as well. But he referred specific questions about the process to Armento, who did not respond to a call and email request Friday for more information.
During a reporter's one-hour visit to the dispensary Friday afternoon, five patients dropped in, including a well-dressed older man and three men who appeared to be in their 20s.
One patient, who did not want to be identified, said he is a student at Foothill College studying adaptive therapy and had once served in the Israeli army. The 29-year-old man said he uses medical marijuana to deal with "brain damage" suffered from injuries sustained in combat.
"It helps me sleep, helps me eat, helps me socialize," said the clean-cut man, wearing a white T-shirt, plaid shorts and sunglasses.
Beasley said the collective's members include patients with cancer and multiple sclerosis.
"I didn't realize until I got involved how many people were inflicted with disease," he said. "It's one of the reasons I'm willing to remain steadfast."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mercurynews.com
Author: Bonnie Eslinger
Contact: Contact Us
Copyright: San Jose Mercury News
Website: East Palo Alto Pot Club Still Doing Business Despite City ban
Calling the situation "frustrating," East Palo Alto Police Chief Ron Davis confirmed that the Peninsula Care Givers Collective has been doing business for several months at 1927 Pulgas Ave.. He said the city is handling the problem as a civil matter, not a criminal case.
"They're entitled to due process," Davis said. "The violation is operating without a permit; it's the same as we'd do with an illegal garage conversion or building violation."
The police department has sent undercover officers to the establishment to buy cannabis, but the transactions complied with California's medical marijuana laws, Davis said.
Under Proposition 215, approved by voters in 1996, medical marijuana can be legally used and grown with a recommendation from a licensed physician. A companion law passed in 2004 allows patients and caregivers to share medical marijuana with other patients under the auspices of a membership "collective" or "cooperative."
Willie Beasley, who owns Peninsula Care Givers Collective, has made no secret of the fact his club is up and running, even telling council members as much when they denied him a permit in June. A month later the council banned medical marijuana facilities altogether.
Peninsula Care Givers operates inside a two-story house with a wheelchair ramp leading to its entrance. In front of the house stands a neon sign that says "open" and displays business hours. The entrance door is locked and no loitering is allowed outside, Beasley said. Patients who ring a door bell are brought into a freshly-painted, art-decorated lobby that features leather couches and an ATM.
Beasley said the medical marijuana comes from collective members and is distributed from a glass case inside a locked room. A sign advertises different varieties of marijuana with such names as "Sour Haze," "Purple Gorilla" and "Hindu Kush," along with edible marijuana products. Suggested donation amounts written on a board start at $25 for one-sixteenth of an ounce.
According to Beasley, the collective provides marijuana to about 30 patients a day.
Beasley said his lawyer has received a "cease and desist" letter from the city, but he has no plans to do so.
"I've explained to them that we're here under (Proposition) 215, under California law, and that we're not selling marijuana, we're only taking donations from members," he said.
Davis said although there is no evidence that the collective is "selling drugs to just anybody," it refused a request for his officers to inspect the facility so he doesn't know for sure that state law is being followed. But without probable cause, he can't obtain a search warrant.
The chief said he has sought advice on the city's options from the San Mateo County District Attorney's Office as well as the U.S. Attorney's office. The response from both offices gave him little ammunition.
"Mostly, it would have to be a criminal sanction. More about people using it as a front to just sell weeds, that was my interpretation," he said. "It's definitely a violation of federal law, but that doesn't mean the U.S. attorney wants to prosecute this case."
Davis said there is no evidence that crime in the neighborhood has increased as a result of the dispensary's operation.
According to the city's ban, violators could be subject to civil penalties "including, but not limited to, prosecution as a misdemeanor violation," punishable by a fine of up to $1,000 or up to six months in jail, or both.
Beasley's lawyer, Scot Candell, did not respond to a request for comment on Friday. At the collective's hearing in June, Candell argued that no permit is needed for the establishment because it's located in a zone where drug stores are allowed and the state recognizes marijuana as a medicine.
City Planning Manager Brent Butler told The Daily News on Friday that the current zoning "didn't envision" a medical marijuana facility, then noted the matter is in the hands of the city attorney and police.
Davis said interim city attorney Valerie Armento is pursuing legal action against Peninsula Care Givers and may file a nuisance suit against the landlord as well. But he referred specific questions about the process to Armento, who did not respond to a call and email request Friday for more information.
During a reporter's one-hour visit to the dispensary Friday afternoon, five patients dropped in, including a well-dressed older man and three men who appeared to be in their 20s.
One patient, who did not want to be identified, said he is a student at Foothill College studying adaptive therapy and had once served in the Israeli army. The 29-year-old man said he uses medical marijuana to deal with "brain damage" suffered from injuries sustained in combat.
"It helps me sleep, helps me eat, helps me socialize," said the clean-cut man, wearing a white T-shirt, plaid shorts and sunglasses.
Beasley said the collective's members include patients with cancer and multiple sclerosis.
"I didn't realize until I got involved how many people were inflicted with disease," he said. "It's one of the reasons I'm willing to remain steadfast."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mercurynews.com
Author: Bonnie Eslinger
Contact: Contact Us
Copyright: San Jose Mercury News
Website: East Palo Alto Pot Club Still Doing Business Despite City ban
